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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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Community Planning |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Statutory Compliance Hearing/Amendment: Ordinance O2003-12
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SUMMARY RECOMMENDATION: Summary Recommendation
Pursuant to A.R.S. § 9-462.01, determine compliance with the conditions of approval for rezoning Ordinance O2003-12, and introduce an ordinance to amend O2003-12 to remove conditions and extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This statutory compliance hearing and ordinance will validate the zoning for commercial development that will be responsibly constructed, meeting all codes and requirements. This statutory compliance hearing furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible.
REPORT:
On March 19, 2003, the City Council adopted Ordinance O2003-12, authorizing the property located at 5574 E. 32nd Street, Yuma, Arizona, to be rezoned from the Agriculture (AG) District to the Limited Commercial (B-1) District. Ordinance O2003-12 required that the following conditions of approval be completed within three (3) years of approval:
1. A one-foot (1’) non-access easement shall be provided over the entire 32nd Street frontage with the exception of any access approved by the Department of Community Development.
2. A Traffic Impact Analysis (traffic study) shall be conducted in accordance with City of Yuma Construction Standard No. 2-100 and the latest edition of the ADOT Traffic Impact Analysis for the proposed development. All suggested improvements outlined by the Traffic Impact Analysis shall be constructed by the applicant.
3. A raised median covenant shall be recorded on the property that acknowledges that medians are anticipated to be constructed within 32nd Street adjacent to the property, which may limit left turning movements into and out of the site.
4. The applicant/developer shall make a contribution for the traffic signal at the intersection of Avenue 5 1/2E and 32nd Street in the amount of $1,020, which is equivalent to $200.00 per acre.
5. The south half of the ‘B’ Canal, approximately forty-six feet (46’), along the north property line shall be dedicated to the City of Yuma, by plat or by warranty deed, to facilitate the future development of the linear park.
6. One hundred foot (100’) half-width roadway easement for 32nd Street shall be converted into fee title right-of-way dedicated to the City of Yuma.
7. Each of the conditions listed above shall be completed within three (3) years of the effective date of the rezoning ordinance or as provided for in a development agreement. In the event the conditions are not completed within this time frame, the applicable rezoning shall be null and void.
The property was rezoned as a single zoning case (Z2002-17) in which conditional zoning to the Limited Commercial (B-1) District was approved, based upon the completion of seven conditions of approval within three years. The property owner did not complete all the necessary conditions of approval and as a result, the zoning expired.
While Conditions #1 and #3 were completed with the recording of Fee #2007-07672 & 07673, several other conditions are either no longer necessary, will be met in an alternative manner, or need to be addressed during the actual development of the ultimate commercial project. Condition #5 would remain as is.
It is requested that Condition #4 be removed as this type of exaction was replaced with Citywide-adopted Impact Development Fees which will be assessed at the time of building permit issuance, and Condition #2 be reworded to require that a determination of the need for a Traffic Impact Analysis be reviewed at the time of actual development, and Condition #6 be reworded to reflect updated right-of-way exchange and dedication policies along 32nd Street, and the length of time to comply with the conditions be extended from three years to twenty-seven years. This would extend the conditional zoning to March 19, 2030 which is five years from the present- giving the developer sufficient time to formulate their ultimate commercial use for the property.
The revised Conditions #2, #6, & #7 would be as follows:
2. A Traffic Impact Analysis (traffic study) shall be conducted in accordance with City of Yuma Construction Standard No. 2-100 and the latest edition of the ADOT Traffic Impact Analysis for the proposed development. will be required at the time of development if the proposed development meets the thresholds/requirements of City Standard 2-040. All suggested improvements outlined by the Traffic Impact Analysis shall be constructed by the applicant.
6. One hundred foot (100’) half-width roadway easement for 32nd Street shall be converted into fee title right-of-way dedicated to the City of Yuma.; then implement a right-of-way exchange agreement, with the City of Yuma keeping the south 80 feet and abandoning the north 20 feet to the adjacent property while reserving an easement for any utilities in that 20 feet.
7. Each of the conditions listed above shall be completed within three (3) twenty-seven (27) years of the effective date of the rezoning ordinance or as provided for in a development agreement. In the event the conditions are not completed within this time frame, the applicable rezoning shall be null and void.
DETERMINATION:
Arizona Revised Statutes § 9-462.01(E) states that if the time for completion of a condition has expired, the City shall notify the owner, schedule a public hearing, and take administrative action to “extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.” In this case, the property owner agrees with the proposed changes to the conditions, and still wants the property rezoned to the Limited Commercial (B-1) District, as they are ready to proceed with the development of a commercial project,
RECOMMENDATION:
At the close of the public hearing, staff recommends that City Council introduce the attached ordinance which amends Ordinance O2003-12 by removing Condition #4, revising Conditions #2 and 6, and extending the deadline to comply with the conditions of approval for the rezone from three years to twenty-seven years.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
03/25/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
03/23/2025 |